Kern County Grand Jury
• 2016-2017
Administration, Audit and County Services Committee Fred Garcia Portia Russell Mark Smith
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⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 17 findings
F1
The Western Interconnection electric grid could fail and service might not be re-established for weeks or months.
Related Recommendations (2)
R4
Create a new Contingency Plan for a widespread and lengthy electrical grid outage. (Findings 1, 2, 4, 8, 12, 13, 14, 15, 16, and 17)
R8
The Board of Supervisors and the Lamont Storm Water District Board should consider forming a joint powers authority that may: Include an elected board representing local property owners and residents Increase communication and problem solving Facilitate project funding (Findings 1, 11, and 12)
F2
It appears that many residents and businesses in Kern County are not prepared for an emergency that lasts for more than a few days. This lack of preparation indicates that many people may not survive a long term outage.
Related Recommendations (2)
R1
Create and implement a plan to inform the public of their need to prepare for a long-term emergency. Consider holding an annual event, like the Great California ShakeOut, to bring attention to the need for residents and businesses in Kern County to take significantly more personal responsibility to prepare for emergencies. (Finding 2)
R2
Complete a review, and update the Emergency Operation Plan within the next 12 months. Listed below are some of the specific areas of concern, but is not a complete list: Update the Emergency Council membership Invite knowledgeable support organizations and members of the public to be a part of the review and update process Define the need for specialized equipment for evacuating those with disabilities, mobility or functional needs Give consideration to Animal Services’ objective of setting up pet shelters adjacent to the housing shelters Consider notifying Animal Services along with first responders Develop a plan to manage members of the public who come to the EOC for assistance during an emergency Develop a plan to provide security at the EOC (Findings 2, 5, 6, 7, 9, 10, 11, 12, and 13)
F3
The strength of the EOC is in the technology available at the facility, and the flexibility within the organizational structure. It is impossible to practice for every conceivable emergency scenario. During an activation, the EOC is staffed with experienced personnel at a location where effective plans and decisions can be made and put into action.
No recommendations for this finding
F4
If there is a regional electrical grid failure lasting more than two weeks, the staff at the EOC would struggle to prevent widespread disruption and threats to human life.
No recommendations for this finding
F5
The County Emergency Operation Plan was adopted in 2008. This and two other County contingency plans on the Fire Department website have not been updated since inception, almost 10 years ago.
Related Recommendations (1)
R3
Review the Emergency Operation Plan annually. (Finding 5)
F6
The County Terrorism Response And Recovery Contingency Plan was adopted in 2003. It does not include a realistic nor an up-to-date description of the risks associated with cyber-terrorism, such as an attack against computer systems, and methods to respond and recover.
Related Recommendations (1)
R5
Include a realistic and up-to-date description of the risks associated with cyber-terrorism, and methods to respond and recover in the Terrorism Response And Recovery Contingency Plan. (Finding 6)
F7
The Emergency Council recently voted to recommend that the County Ordinance be modified to make the Fire Chief the Chairman, and the Sheriff the Vice Chairman of this Council. The County Administrative Officer would remain on the Council as a voting member.
No recommendations for this finding
F8
The Emergency Operations Center has generator fuel on site for several days, and has access to additional supplies from County fire stations. The EOC has no sleeping facilities; food must be provided by outside vendors.
No recommendations for this finding
F9
One of the lessons of the Erskine Fire was that specialized equipment, needed to help evacuate persons with disabilities, mobility or functional needs, was not readily available.
No recommendations for this finding
F10
In an emergency, Animal Services would like to be notified at the same time as the first responders.
Related Recommendations (1)
R9
The Board of Supervisors should adopt a plan of action for times of flood emergency to mitigate potential damage to property, including County roads, as well as private properties. The plan should designate the County department and position that would have the authority to act. The plan should be communicated to all stakeholders. (Finding 10) NOTES: • The Kern County Board of Supervisors and the Kern County Public Works Department should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.co.kern.ca.us/grandjury. • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 APPENDICES:
F11
The Emergency Operations Plan does not describe setting up pet shelters adjacent to the housing shelters.
No recommendations for this finding
F12
The County Emergency Operations Center does not have a plan to manage residents who come directly to the EOC seeking help.
No recommendations for this finding
F13
The security of the EOC would be at risk during an electrical grid outage lasting for an extended period.
No recommendations for this finding
F14
During an electrical grid outage, public safety would be a significant problem for residents and businesses.
No recommendations for this finding
F15
Practice exercises for various scenarios such as fire, earthquake and the failure of the Isabella Dam, are carried out at the EOC.
Related Recommendations (1)
R6
Develop and carry out an exercise centered on a regional power failure lasting for an extended period of time. (Finding 15)
F16
The Fire Department has initiated a dialogue with the National Guard, and has an ongoing association with CERT teams.
Related Recommendations (1)
R7
Work with the California Army National Guard and CERT teams to increase readiness in an emergency. (Finding 16) REFERENCES: Koppel, Ted, Lights Out: A Cyberattack, A Nation Unprepared, Surviving the Aftermath, 2015, Crown Publishers, New York 2014-2015 Butte County Grand Jury, Solar Storms And Electromagnetic Pulses, Butte County Preparedness For Power Outages October 10, 2015, KRON Television report entitled, “New development in South Bay PG&E substation attack” April 1, 2015, The Bakersfield Californian article, “FBI investigating break-in at PG&E substation” May 6, 2006, “Bird flies into transformer, leaving Ridgecrest dark,” The Bakersfield Californian August 13, 2013, New York Times, “As Worries Over the Power Grid Rise, a Drill Will Simulate a Knockout Blow” August 13, 2008, Scientific American, “The 2003 Northeast Blackout—Five Years Later” Grid Security Exercise-GridEx Report – March 2016 – North American Electric Reliability Corporation (NERC) Kern Economic Development Corporation, Kern County 2012 Labor Market Study, Prepared by Cheryl Holsonbake and Dr. Mark Evans of California State University, Bakersfield NOTES: The Kern County Board of Supervisors, Kern County Administrative Office, Kern County Emergency Council and Kern County Fire Department should post a copy of this report where it will be available for public review. Persons wishing to receive an email notification of newly released reports may sign up at: www.co.kern.ca.us/grandjury. Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 APPENDICES:
F17
State prisons may present a security challenge. Some guards might not be able to report to work, and on-site supplies could run out after two weeks. COMMENTS: The Grand Jury was impressed by the County Emergency Operations Center, and appreciates the significant assistance with this inquiry provided by the Fire Chief and other County staff, as well as members of the community.
No recommendations for this finding
Comments 4
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CO1The Kern County Board of Supervisors and the Kern County Public Works Department should post a copy of this report where it will be available for public review.
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CO2Persons wishing to receive an email notification of newly released reports may sign up at: www.co.kern.ca.us/grandjury.
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CO3Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: FOREPERSON KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 2016-2017 Kern County Grand Jury 1 KERN COUNTY WASTE MANAGEMENT PURPOSE OF INQUIRY: The 2016-2017 Kern County Grand Jury (Grand Jury), investigated whether Kern County (County) is meeting the mandates of California State laws regarding the reduction of landfill volume. Pursuant to California Penal Code §925, the Grand Jury has the authority to investigate the operation and function of county departments. PROCESS: Kern County Waste Management (Waste Management) is part of the Operations & Maintenance Division of the Kern County Public Works Department (Public Works). Members of the Grand Jury interviewed the Assistant Director of Public Works, who oversees Waste Management, and spoke to other staff. Interviews were also conducted at the office of the County of Kern Department of Agriculture and Measurement Standards (Measurement Standards). Grand Jurors reviewed Waste Management documentation and their website, and visited the Shafter-Wasco Landfill and the Metro Kern County Special Waste Facility. Kern County Auditor-Controller- County Clerk staff provided related documentation. State laws and regulations governing landfills and scales were also reviewed. BACKGROUND: In the 1980s, California State legislators recognized that State waste volumes were increasing, while remaining landfill capacity was decreasing. In response, a series of laws were enacted, including: In 1989, AB 939 mandated that city and county jurisdictions meet waste diversion requirements of 25% by 1995, and 50% by the year 2000. Over the next twenty years, additional laws were enacted to increase recycling by decreasing certain types of residential and commercial waste going into the landfills. In 2008, SB 1016 required a change in landfill diversion rate calculations, from an estimated diversion percent to the number of pounds of waste per person per day. In 2011, AB 341 set the goal that by 2020, 75% of solid waste generated be source reduced, recycled, or composted. It also required businesses and multi- family residential dwellings to recycle. In accordance with SB 1016, the California Department of Resources Recycling and Recovery (CalRecycle) sets an annual goal for each jurisdiction expressed in pounds of waste disposed of per person per day. For unincorporated areas of Kern County, the following measures represent the County’s progress in meeting State goals: 2016-2017 Kern County Grand Jury 2 For 2015, CalRecycle’s target for unincorporated areas of the County, was a maximum of 7.6 pounds per person per day. The actual result as reported to CalRecycle, was under the target at 5.6 pounds per person per day. Waste Management staff estimates that the unincorporated areas of the County have reduced, recycled, or composted about 60% of solid waste toward the AB 341 goal of 75% by 2020. Based on 2015 estimates of current and future disposal amounts, the County reported that landfill capacity was 33 years, exceeding the State’s guideline of 15 years. Calculating the pounds of waste per person per day involves many components. Some of the factors involved in this complex calculation are as follows: Waste, carried by large trucks and franchise haulers, is weighed at the landfill. Construction, demolition, and landscaping material, delivered in pickups, is also weighed. Residential waste in pickups or small trailers is not weighed. Waste Management does a quarterly survey of these loads at each landfill to calculate the average weights based on the volume and type of materials. Gate attendants use the average weights from the survey, to record each load instead of weighing each vehicle. Some materials are weighed when sold or transferred to a third party. Some of the useable products brought to the special waste facilities, such as latex paint, insecticides, and fertilizers, are made available to the public at no charge. Cities are the County’s biggest landfill customers. The weight of waste collected from cities, brought to the County landfills, has to be reported back to each city for the city’s report to CalRecycle. This is done by designating certain franchise hauler loads as coming from a particular city, or by zip code for individuals. In the County, there are over 100 private collection facilities, which recycle and redeem CRV (California Redemption Value) bottles and cans. Items from these facilities are not credited to the County or cities in the CalRecycle Reports. Truck scales, at the landfills and transfer stations, play an essential part in the calculation of pounds of waste per person per day. Six of the seven County Landfills have at least one set of truck scales. Measurement Standards does not have jurisdiction to test or certify scales at County- owned landfills. A 1978 State Attorney General Opinion interpreted sections of the State Business and Professions Code to mean that government-owned scales at landfills were not subject to oversight. Measurement Standards does check the scales at the Special Waste Facilities, which are registered with the County. Waste Management has an agreement (purchase order) with a vendor to check the calibration of the six locations with truck scales quarterly. In addition, the County has a purchase order with the same vendor to check the smaller scales at the three County special waste facilities. Under these purchase orders, the vendor agrees to: 2016-2017 Kern County Grand Jury 3 Inspect and test each scale for an agreed price per location quarterly Repair scales as needed, based on agreed hourly rates, mileage, and parts (plus mark-up) Maintain scales for tolerance Furnish inspection certificates Furnish test weights Furnish a written report on the condition of each scale The following table summarizes vendor activity based on claims submitted: Vendor Visits to Landfills and Waste Facilities by Quarter, 2015-2017 Number 2015 2016 2017 Facility of Scales 2nd 3rd 4th 1st 2nd 3rd 4th 1st Truck Scale Locations Bena Landfill 4 5/14/15 8/9/16 12/20/16 Shafter-Wasco Landfill 2 5/7/15 8/27/15 12/2/15 5/16/16 8/9/16 2/1/17 Ridgecrest Landfill 1 5/28/15 5/19/16 8/18/16 3/13/17 Taft Landfill 1 5/25/15 Mojave Landfill 1 5/25/16 Kern Valley Transfer Station 1 8/18/16 Small Scale Locations Metro Kern County Special Waste 1 Facility, Bakersfield 9/9/15 3/10/17 Special Waste Facility, Mojave 1 Special Waste Facility, Ridgecrest 1 9/17/15 FINDINGS: F1. The County has successfully achieved and maintained the mandatory waste diversion goals established by AB 939, and is making progress toward meeting the year 2020 goal for AB 341. F2. There are numerous irregularities in both the vendor agreements and their administration, for calibration and maintenance of the landfill and transfer station scales, such as: Purchase orders #1778213 and #1670847, specify “Quarterly Maintenance of Landfill Platform Scales,” but actual claims submitted, as shown in the table above, indicate that: o No scales were checked four times a year o Three sites were only checked once during the past two years. Purchase order #1778213 specifies the quarterly cost for maintenance visits to each site, however: o Vendor invoice #8077, for a quarterly visit to the Shafter Landfill on 2/1/17, charged $333.34 instead of $231.00 per the purchase order. o Vendor invoice #8110 for a repair visit to the same site (Shafter Landfill) the next day, charged another $333.34, instead of 2016-2017 Kern County Grand Jury 4 itemizing hours and mileage separately as the purchase order specifies for repair visits. The vendor inspected and tested scales at four locations before the purchase order for 2016/2017 was approved. F3. Measurement Standards checks the scales at the three special waste facilities annually. Waste Management has a vendor purchase order, #1777877, for the calibration and maintenance of the same three scales, but the frequency of visits is not clear. The vendor tested the scale at the Metro Bakersfield Special Waste Facility on 3/10/17 and found it to be within tolerance. Five days later Measurement Standards found this scale to be out of tolerance.
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CO4The Kern County Public Works Department and the County of Kern Department of Agriculture and Measurement Standards should post a copy of this report where it will be available for public review.